,,ii  #aafth ,,congress  #ast ,session  
,s4 #bdea  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,september #aj1
 #bjai,mr4 ,kennedy 7for himself and    
,ms4 ,hirono7 introduced the following  
bill2 which was read twice and referred 
to the ,committee on the ,judiciary  ,a 
,,bill  ,to amend chapter #aga of title 
#bh1 ,united ,states ,code1 to allow    
suit against the ,united ,states for    
injuries and deaths of members of the   
,armed ,forces caused by improper       
medical care1 and for other purposes4   
#a4 ,short title ,this ,act may be cited
 as the ,,sfc ,richard ,stayskal        
,military ,medical ,accountability ,act 
of #bjai4  #b4 ,allowing claims against 
the ,united ,states for injury and death
 of members of the ,armed ,forces caused
 by improper medical care  7a7 ,in      
general ,chapter #aga of title #bh1     
,united ,states ,code1 is amended by    
adding at the end the following3  #bfha4
 ,claims against the ,united ,states for
 injury and death of members of the     

,armed ,forces  7a7 ,in this section--  
7#a7 the term ,armed ,forces has the    
meaning given the term in section #aja  
of title #ch2 and  7#b7 the term covered
 military medical treatment facility--  
7,a7 means the facilities described in  
subsections 7b71 7c71 and 7d7 of section
 #ajgc;d of title #aj1 regardless of    
whether the facility is located in or   
outside the ,united ,states2 and  7,b7  
does not include battalion aid stations 
or other medical treatment locations    
deployed in an area of armed conflict4  
7b7 ,a claim may be brought against the 
,united ,states under this chapter for  
damages for personal injury or death of 
a member of the ,armed ,forces arising  
out of a negligent or wrongful act or   
omission in the performance of medical1 
dental1 or related health care functions
 7including clinical studies and        
investigations7 that is provided at a   
covered military medical treatment      
facility by a person acting within the  
scope of the office or employment of    

that person by or at the direction of   
the ,government of the ,united ,states  
and shall be exclusive of any other     
civil action or proceeding by reason of 
the same subject matter against such    
person 7or the estate of such person7   
whose act or omission gave rise to the  
action or proceeding4  7c7 ,a claim     
under this section shall not be reduced 
by the amount of any benefit received   
under subchapter ,,iii 7relating to     
,servicemembers' ,group ,life           
,insurance7 of chapter #ai of title #ch4
  7d7 ,notwithstanding section          
#bdja7;b7-- 7#a7 except as provided in  
paragraph 7#b71 a claim arising under   
this section may not be commenced later 
than #c years after the date on which   
the claimant discovered1 or by          
reasonable diligence should have        
discovered1 the injury and the cause of 
the injury2 and  7#b7 with respect to a 
claim pending before the date of        
enactment of this section1 the          
limitations period described in         

paragraph 7#a7 shall begin on the date  
of enactment of this section4  7e7 ,for 
purposes of claims brought under this   
section-- 7#a7 subsections 7j7 and 7k7  
of section #bfhj shall not apply2 and   
7#b7 in the case of an act or omission  
occurring outside the ,united ,states1  
the law of the place where the act or   
omission occurred shall be deemed to be 
the law of the ,state of domicile of the
 claimant4  7f7 ,not later than #b years
 after the date of the enactment of this
 section1 and every #b years thereafter1
 the ,secretary of ,defense shall submit
 to ,congress a report on the number of 
claims filed under this section4  4  7b7
 ,clerical amendment ,the table of      
sections for chapter #aga of title #bh1 
,united ,states ,code1 is amended by    
adding at the end the following3  #bfha4
 ,claims against the ,united ,states for
 injury and death of members of the     
,armed ,forces4  4  7c7 ,effective date 
,this ,act and the amendments made by   
this ,act shall apply to-- 7#a7 a claim 

arising on or after the date of the     
enactment of this ,act2 and  7#b7 a     
pending claim arising before the date of
 the enactment of this ,act4  7d7 ,rule 
of construction ,nothing in this ,act or
 the amendments made by this ,act shall 
be construed to limit the application of
 the administrative process and         
procedures of chapter #aga of title #bh1
 ,united ,states ,code1 to claims       
permitted under section #bfha1 as added 
by this section4